(a)

Permit required. Except as hereinafter provided, no person may undertake activity subject to this article without first obtaining a new animal waste storage facility permit, a substantially altered facility permit, or a closure of existing facility permit from the county LCD.

(b)

Exception to permit requirement. Emergency minor repairs such as fixing a broken pipe or equipment, leaking dikes, or the removal of stoppages may be performed without a permit. If such repairs alter the original design and construction of the facility, work shall be reported to the LCD as soon as possible for a determination on whether a permit will be required for any additional alteration or repair to the facility.

(c)

Permit fees. The fee for a permit under this article shall be determined annually by the LCC during the annual LCD budget development cycle. The fee shall be nonrefundable and payable in advance to the LCD. Temporary abandonment of an animal waste storage facility is exempt from the fee schedule.

(d)

Animal waste storage facility and nutrient management plan required. Each application for a permit under this article shall include an animal waste storage facility plan. The plan shall include:

(1)

The number and kinds of animals for which storage is provided.

(2)

A sketch of the facility and its location in relation to buildings within two hundred fifty (250) feet and homes within five hundred (500) feet of the proposed facility. The sketch will be drawn to scale, with a scale no smaller than one (1) inch equals one hundred (100) feet. Include the scale of the drawing and north arrow.

(3)

The structural details, including dimensions, cross sections, and concrete thickness.

(4)

The location of any wells within three hundred (300) feet of the facility.

(5)

The soil test pit locations and soil descriptions to a depth of at least three (3) feet below the planned bottom of the facility.

(6)

The elevation of groundwater or bedrock if encountered in the soil profile and the date of any such determinations.

(7)

Provisions for adequate drainage and control of runoff to prevent pollution of surface water and ground water. If a navigable body of water lies within five hundred (500) feet of the facility, the location and distance to the body of water shall be shown.

(8)

A time of schedule for construction of the proposed facility.

(9)

A description of the method in transferring animal waste into and from the facility.

(10)

A nutrient management plan which meets the 590 technical standard and the agricultural performance standards as listed under section 20-1709.

(11)

An unconfined manure pile may not be located within twenty (20) feet of a neighboring property line. A greater distance may be required depending on slope, soil type and runoff potential as determined by the LCD.

(e)

Substantially altered facility permit. Each application for a permit under this article shall include the facility alteration plan as listed in section 20-1710.

(f)

Closure of existing facility permit. Each application for a permit under this article shall include the facility closure plan as listed in section 20-1710.

(g)

Review of application. The LCD shall receive and review all permit applications. The LCD shall determine if the proposed facility meets the required standards set forth in section 20-1709. Within thirty (30) days after receiving the completed application and fee, the LCD shall inform the applicant in writing whether the permit application is approved or disapproved. If additional information is required, the LCD shall so notify the permit applicant. The LCD has thirty (30) days from the receipt of the additional information to approve or disapprove the application. If the LCD fails to approve or disapprove the permit application in writing with thirty (30) days of receipt of the permit application or additional information, as appropriate, the application shall be deemed approved and the applicant may proceed as if the permit had been issued.

(Ord. No. 2012-24, 6-26-12)